Federal Judge Halts Montana’s Groundbreaking TikTok Ban
- A Federal Judge in Montana has blocked a law that would have banned TikTok state-wide from Jan. 1, 2024. The judge stated that Montana failed to prove how the original SB 419 bill would be constitutionally permissible.
- Despite Montana’s defense of the bill as a consumer protection measure against Chinese Communist Party surveillance, the judge pronounced that the legislation and Attorney General seemed more focused on targeting China’s ostensible role in TikTok than protecting Montana consumers.
- ByteDance, TikTok’s parent company, had sued Montana in May to prevent the state from unlawfully banning TikTok. The company argued that Montana failed to substantiate allegations that the Chinese government could access data about TikTok users and that TikTok exposes minors to harmful online content.
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US Judge Blocks Montana’s State-Wide TikTok Ban
A federal judge in Montana obstructed a law that would’ve led to a state-wide prohibition of TikTok commencing from Jan. 1, 2024.
Judge Donald Molloy clarified his reasoning for the preliminary ruling through a legal document released Thursday. He emphasized that Montana failed to demonstrate how the SB 419 bill was constitutionally acceptable or justifiable, among other reasons.
Setback for Montana’s Ban on TikTok
This decision is a major setback for Montana, where Governor Greg Gianforte had endorsed the SB 419 bill in May as a measure to shield Montanans from alleged surveillance by the Chinese Communist Party.
A TikTok representative expressed satisfaction over the ruling, asserting that the company is “pleased the judge rejected this unconstitutional law” allowing Montanans to continue using TikTok.
The Montana Attorney General’s office signaled that this is only a preliminary outcome and the judge’s decision could be revised as the case unfolds.
Montana’s Attempt to Ban TikTok
Prior to this ruling, Montana was positioned to become the first U.S. state to ban TikTok, an app owned by Chinese tech behemoth ByteDance.
ByteDance sued Montana in May to thwart the state’s unlawful prohibition of TikTok, the company stated. It pointed out that Montana failed to substantiate claims of potential data access by the Chinese government or exposure to harmful content for minors using TikTok.
US Lawmakers Scrutinize TikTok’s Relationship with Chinese Government
In March, U.S. lawmakers expressed misgivings about ByteDance’s links with the Chinese government during a hearing. Their prime concern arose from the possibility of the Chinese Communist Party accessing U.S. citizens’ data.
TikTok has attempted to alleviate these concerns through its “Project Texas” initiative, designed to ensure U.S. users’ data remains in the U.S. with Oracle‘s assistance.
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